County governments in Kenya are one of the two levels of government, alongside the national government. Their roles are defined under the Constitution of Kenya (2010) and the County Governments Act (2012).
📌 Key Constitutional Provisions on County Governments
✅ Article 1(4): Sovereign power is exercised at both national and county levels.
✅ Article 6(1): Kenya is divided into 47 counties as listed in the First Schedule.
✅ Article 6(2): National and county governments are distinct but work together based on consultation and cooperation.
✅ Article 10: Devolution is a national value and governance principle.
📌 Key Functions of County Governments
🔹 Outlined in Articles 185, 186, 187 of the Constitution and the Fourth Schedule.
🔹 Further clarified under the County Governments Act (2012).
🔹 Functions can be classified as:
1️⃣ Exclusive Functions – Assigned to county governments only.
2️⃣ Concurrent Functions – Shared between county and national government.
3️⃣ Residual Functions – Not assigned to either, requiring further legislation.
📌 Core Functions of County Governments
1️⃣ County Legislation & Oversight
✅ County Assemblies make laws that facilitate county functions.
✅ Oversight of county executive committees.
✅ Approval of plans and policies affecting county resources.
2️⃣ Executive Functions (Article 183)
✅ Implement county laws.
✅ Implement national laws where required.
✅ Manage county administration & departments.
✅ Propose laws for County Assembly consideration.
3️⃣ Devolved Functions Under the Fourth Schedule
| Sector | County Functions |
|---|---|
| Agriculture | Crop & animal husbandry, fisheries, disease control, livestock sale yards, abattoirs. |
| Health Services | County health facilities, primary healthcare, food licensing, cemeteries, waste disposal. |
| Pollution Control | Air & noise pollution, outdoor advertising regulation. |
| Culture & Entertainment | Betting, casinos, liquor licensing, libraries, sports, county parks. |
| County Transport | County roads, street lighting, parking, public transport, harbors & ferries. |
| Animal Welfare | Dog licensing, animal care facilities. |
| Trade & Regulation | Markets, trade licensing, fair trading, cooperative societies, local tourism. |
| Planning & Development | Land survey, mapping, housing, fencing, energy regulation. |
| Education | Pre-primary (ECD), village polytechnics, childcare centers. |
| Environment & Natural Resources | Soil, water conservation, forestry management. |
| Public Works & Utilities | Stormwater drainage, sanitation, water services. |
| Disaster Management | Firefighting services, emergency response. |
| Drugs & Pornography | Control of drug abuse & pornography distribution. |
| Public Participation | Community engagement in governance. |
📌 Additional Functions of County Governments
4️⃣ Functions Transferred from the National Government (Article 187)
✅ If a function is better performed at the county level, it may be transferred by agreement.
✅ Transfer only happens if the county has the capacity to perform the function effectively.
5️⃣ Inter-County Cooperation (Article 189)
✅ Counties may cooperate on joint projects (e.g., Level 5 hospitals, tourism sites, natural resources).
✅ Joint committees may be formed to manage shared resources.
6️⃣ County Public Service Management (Article 235)
✅ Counties have the power to hire, discipline, and remove county staff.
✅ Managed by the County Public Service Board (CPSB).
✅ Excludes Teachers Service Commission (TSC), except for ECD teachers, which counties hire.
📌 Powers of County Governments (Section 6, County Governments Act)
✅ Enter into contracts.
✅ Acquire or lease land.
✅ Delegate functions to officers, units, or entities.
✅ Partner with public & private organizations under the Public-Private Partnerships Act (2005).
✅ Establish firms or entities to improve service delivery.
📌 Summary of County Government Roles
| Category | Key Responsibilities |
|---|---|
| Legislation & Oversight | County laws, policies, executive oversight. |
| Executive Functions | Implement laws, manage county departments. |
| Service Delivery | Health, agriculture, transport, waste management. |
| Infrastructure Development | Housing, energy regulation, public transport. |
| Economic Growth | Trade regulation, local tourism, cooperatives. |
| Public Engagement | Community participation in governance. |
| Disaster & Emergency Response | Firefighting, disaster planning. |
| County Public Service | Hiring & managing county staff. |
📌 Conclusion
The County Governments of Kenya are responsible for local governance, service delivery, and economic development. They promote devolution, public participation, and localized decision-making, ensuring effective governance across 47 counties.
